81 FR 75444 - TUV Rheinland of North America, Inc.: Applications for Expansion of Recognition and Proposed Modification to the List of Appropriate NRTL Test Standards

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 210 (October 31, 2016)

In this notice, OSHA announces the applications of TUV Rheinland of North America, Inc., for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to grant the applications. Additionally, OSHA proposes to add a new test standard to the NRTL listing of Appropriate Test Standards.

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75444-75446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26204]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Applications for Expansion 
of Recognition and Proposed Modification to the List of Appropriate 
NRTL Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of TUV 
Rheinland of North America, Inc., for expansion of its recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
Agency's preliminary finding to grant the applications. Additionally, 
OSHA proposes to add a new test standard to the NRTL listing of 
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before November 15, 2016.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0042, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2007-0042). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before November

[[Page 75445]]

15, 2016 to the Office of Technical Programs and Coordination 
Activities, Directorate of Technical Support and Emergency Management, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210, 
or by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that TUV Rheinland of North America, Inc. (TUVRNA), is applying 
for expansion of its current recognition as an NRTL. TUVRNA requests 
the addition of three test standards and two additional recognized 
sites to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within its 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The Agency processes applications by an NRTL for initial 
recognition and for an expansion or renewal of this recognition, 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding. In the second notice, 
the Agency provides its final decision on the application. These 
notices set forth the NRTL's scope of recognition or modifications of 
that scope. OSHA maintains an informational Web page for each NRTL, 
including TUVRNA, which details the NRTL's scope of recognition. These 
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has three facilities (sites) recognized by OSHA 
for product testing and certification, with its headquarters located 
at: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, 
Connecticut 06470. A complete list of TUVRNA's scope of recognition is 
available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Application

    TUVRNA submitted five applications, dated April 1, 2015 (OSHA-2007-
0042-0016), May 6, 2015 (OSHA-2007-0042-0017), August 20, 2015 (OSHA-
2007-0042-0018), December 7, 2015 (OSHA-2007-0042-0019) and March 2, 
2016 (OSHA-2007-0042-0020), to expand its recognition to include three 
additional test standards and two additional recognized sites. The two 
proposed recognized testing sites are located at: TUV Rheinland Japan 
Ltd., Global Technology Assessment Center, 4-25-2 Kita-Yamata, Tsuzuki-
ku, Yokohama, Kanagawa, 224-0021 JAPAN and TUV Rheinland LGA Products 
GmbH, Am Grauen Stein 29, Koln, NRW 51105 GERMANY. OSHA performed on-
site reviews of TUV Yokohama on February 16-17, 2016, and TUV Cologne 
on June 9-10, 2016, in relation to these applications, in which 
assessors found some nonconformances with the requirements of 29 CFR 
1910.7. TUVRNA addressed these issues sufficiently and OSHA staff 
preliminarily determined that OSHA should grant the additional site 
applications.
    TUVRNA's expansion application also requested the addition of three 
test standards to its NRTL scope of recognition. OSHA staff performed a 
detailed analysis of the application packet and reviewed other 
pertinent information as well as conducted the on-site reviews 
discussed above. Table 1 below lists the appropriate test standards 
found in TUVRNA's applications for expansion for testing and 
certification of products under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                   TUVRNA's NRTL Scope of Recognition
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           Test standard                     Test standard title
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UL 62368-1........................  Audio/Visual Information and
                                     Communication Technology Equipment--
                                     Part 1: Safety Requirements.
UL 1004-1.........................  Standard for Rotating Electrical
                                     Machines--General Requirements.
UL 62109-1 *......................  Safety of Power Converters for Use
                                     in Photovoltaic Power Systems--Part
                                     1: General Requirements.
------------------------------------------------------------------------
* Indicates the standard that OSHA proposes to add to the NRTL List of
  Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL list of appropriate test standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
Agency evaluates the document to (1) verify it represents a product 
category for which OSHA requires certification by an NRTL, (2) verify 
the document represents an end product and not a component, and (3) 
verify the document defines safety test specifications (not 
installation or operational performance specifications). OSHA becomes 
aware of new test standards through various avenues. For example, OSHA 
may become aware of new test standards by: (1) Monitoring notifications 
issued by certain SDOs; (2) reviewing applications by NRTLs or 
applicants seeking recognition to include a new test standard in their 
scopes of recognition; and (3) obtaining notification from 
manufacturers,

[[Page 75446]]

manufacturing organizations, government agencies, or other parties that 
a new test standard may be appropriate to add to its list of 
appropriate standards. OSHA may determine to include a new test 
standard in the list, for example, if the test standard is for a 
particular type of product that another test standard also covers or it 
covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add a new test standard to the 
NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standard that is new to the NRTL Program. OSHA 
preliminarily determined that this test standard is an appropriate test 
standard and proposes to include it in the NRTL Program's List of 
Appropriate Test Standards. OSHA seeks public comment on this 
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 62109-1........................  Safety of Power Converters for Use
                                     in Photovoltaic Power Systems--Part
                                     1: General Requirements.
------------------------------------------------------------------------

IV. Preliminary Findings on the Application

    TUVRNA submitted acceptable applications for expansion of its scope 
of recognition. OSHA's review of the application files, and pertinent 
documentation, indicate that TUVRNA can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding its recognition to include 
the addition of these three test standards for NRTL testing and 
certification listed above. OSHA's detailed on-site assessments 
indicate that TUVRNA can meet the requirements prescribed by 29 CFR 
1910.7 for expanding its recognition to include the addition of two 
sites for NRTL testing and certification. This preliminary finding does 
not constitute an interim or temporary approval of TUVRNA's 
applications.
    OSHA welcomes public comment as to whether TUVRNA meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as an 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if the request 
is not adequately justified. To obtain or review copies of the exhibits 
identified in this notice, as well as comments submitted to the docket, 
contact the Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0042.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend to the Assistant Secretary for Occupational 
Safety and Health whether to grant TUVRNA's application for expansion 
of its scope of recognition. The Assistant Secretary will make the 
final decision on granting the application. In making this decision, 
the Assistant Secretary may undertake other proceedings prescribed in 
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the 
Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on October 25, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-26204 Filed 10-28-16; 8:45 am]
 BILLING CODE 4510-26-P